Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Business Organizations Law (3)
- Environmental Law (3)
- Labor and Employment Law (3)
- Legislation (3)
- Civil Rights and Discrimination (2)
-
- Courts (2)
- Law and Economics (2)
- Legal History (2)
- Legal Remedies (2)
- State and Local Government Law (2)
- Antitrust and Trade Regulation (1)
- Banking and Finance Law (1)
- Civil Procedure (1)
- Contracts (1)
- Criminal Law (1)
- Law and Politics (1)
- Law of the Sea (1)
- Legal Education (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Profession (1)
- Litigation (1)
- National Security Law (1)
- Organizations Law (1)
- Institution
Articles 1 - 14 of 14
Full-Text Articles in Law
Presumed Guilty Until Proven Innocent: The Burden Of Proof In Wrongful Conviction Claims Under State Compensation Statutes, Daniel S. Kahn
Presumed Guilty Until Proven Innocent: The Burden Of Proof In Wrongful Conviction Claims Under State Compensation Statutes, Daniel S. Kahn
University of Michigan Journal of Law Reform
Despite significant efforts to uncover and prevent wrongful convictions, little attention has been paid to the compensation of wrongfully convicted individuals once they are released from prison. State compensation statutes offer the best path to redress because they do not require the claimant to prove that the state was at fault for the wrongful conviction and because they are not susceptible to the same political influences as other methods of compensation. However, even under compensation statutes, too many meritorious claims are dismissed, settled for far too little, or never brought in the first place. After examining the current statutory framework, …
Holding The "Responsible Corporate Officer" Responsible: Addressing The Need For Expansion Of Criminal Liability For Corporate Environmental Violators, Nancy Mullikin
Golden Gate University Environmental Law Journal
This comment argues that the responsible corporate officer (RCO) doctrine, as written into the CWA and the CAA, was intended to impose an affirmative duty on corporate officers based on their position and should be interpreted to expand criminal liability in the prosecution of substantive corporate environmental crimes. This comment also argues that the courts should expand criminal liability based on the RCO doctrine instead of limiting its application. Part II provides an overview of criminal prosecution of environmental crimes: its history, procedures, and purposes, in order to provide a context for understanding how the RCO doctrine appropriately expands criminal …
Transoceanic Trash: International And United States Strategies For The Great Pacific Garbage Patch, Susan L. Dautel
Transoceanic Trash: International And United States Strategies For The Great Pacific Garbage Patch, Susan L. Dautel
Golden Gate University Environmental Law Journal
Part II of this Comment provides an overview of the debris found in the Patch and the associated health impacts. Part III reviews the Convention on the Prevention of Marine Pollution by Dumping of Waste and Other Matters (the London Convention) with its corresponding international and U.S. laws, and then separately examines the U.S. Marine Debris Research, Prevention, and Reduction Act (MDRPRA). Part IV argues that the laws identified in Part III can be applied to provide a means to clean up the portion of the Patch affecting U.S. territory. Part V briefly surveys the United Nations Framework Convention on …
Closing The Gap Legislatively: Consequences Of The Lilly Ledbetter Fair Pay Act, Carolyn E. Sorock
Closing The Gap Legislatively: Consequences Of The Lilly Ledbetter Fair Pay Act, Carolyn E. Sorock
Chicago-Kent Law Review
With the Lilly Ledbetter Fair Pay Act of 2009, Congress both reversed the result of the widely criticized Ledbetter Supreme Court case and expanded the statute of limitations for all employment discrimination claims relating to compensation. Under the Act, a compensation-based employment discrimination claim's statute of limitations period of three hundred days begins to run whenever an employee is "affected" by a discriminatory practice. The language of the Act is far-reaching, but just five months after the Act was signed into law, the Supreme Court stepped in again to narrow the Act's application to pension benefits in AT&T Corp. v. …
Application Of The Remedial Purpose Canon To Cercla Successor Liability Issues After United States V. Bestfoods: Why State Corporate Law Should Be Applied In Circuits Encompassing Substantial Continuity Exception States, Lea J. Heffernan
Northern Illinois University Law Review
Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in 1980 to address the growing problem of improper hazardous waste disposal. Due to the rushed enactment of CERCLA, however, Congress failed to fully and explicitly identify the standards that courts should invoke to determine issues of liability. Despite this ambiguity, the United States' federal courts have unanimously determined that successor corporations should be held liable under CERCLA; however, the level of liability that courts should impose on those successor corporations is still under debate. Several United States federal courts remain split with regard to whether state corporate law …
Confident Uncertainty, Excessive Compensation & The Obama Plan, Michael B. Dorff
Confident Uncertainty, Excessive Compensation & The Obama Plan, Michael B. Dorff
Indiana Law Journal
Public outrage at the enormous bonuses TARP recipients paid to senior executives recently prompted the Obama administration to impose sweeping new curbs on executive compensation. Shortly thereafter, Senator Dodd added restrictions on executive bonuses to the stimulus bill President Obama subsequently signed. These are understandable political reactions, but will they achieve the twin goals of reducing executive compensation in recipients of federal assistance while spurring better corporate performance? To examine this question, I analyze excessive compensation as the product of "confident uncertainty, "the tendency of even the most sophisticated actors to place unwarranted confidence in their ability to predict the …
Optimizing Private Antitrust Enforcement, Daniel A. Crane
Optimizing Private Antitrust Enforcement, Daniel A. Crane
Vanderbilt Law Review
Private litigation is the predominant means of antitrust enforcement in the United States. Other jurisdictions around the world are increasingly implementing private enforcement models. Private enforcement is usually justified on either compensation or deterrence grounds. While the choice between these two goals matters, private litigation is not very effective at advancing either one. Compensation fails because the true economic victims of most antitrust violations are usually downstream consumers who are too numerous and remote to locate and compensate. Deterrence is ineffective because the time lag between the planning of the violation and the legal judgment day is usually so long …
Wartime Prejudice Against Persons Of Italian Descent: Does The Civil Liberties Act Of 1988 Violate Equal Protection?, Joseph C. Mauro
Wartime Prejudice Against Persons Of Italian Descent: Does The Civil Liberties Act Of 1988 Violate Equal Protection?, Joseph C. Mauro
Michigan Journal of Race and Law
Most people know that the United States interned persons of Japanese descent during World War II. Few people know, however, that the government interned persons of German and Italian descent as well. In fact, the internment was part of a larger national security program, in which the government classified non-citizens of all three ethnicities as "enemy aliens" and subjected then to numerous restrictions, including arrest, internment, expulsion from certain areas, curfews, identification cards, loss of employment, and restrictions on travel and property. Four decades after the war, Congress decided to compensate persons of Japanese descent who had been "deprived of …
"No Man Can Be Worth $1,000,000 A Year": The Fight Over Executive Compensation In 1930s America, Harwell Wells
"No Man Can Be Worth $1,000,000 A Year": The Fight Over Executive Compensation In 1930s America, Harwell Wells
University of Richmond Law Review
No abstract provided.
Prospective Compensation In Lieu Of A Final Injunction In Patent And Copyright Cases, H. Tomas Gomez-Arostegui
Prospective Compensation In Lieu Of A Final Injunction In Patent And Copyright Cases, H. Tomas Gomez-Arostegui
Fordham Law Review
In a 2006 decision, eBay Inc. v. MercExchange, L.L.C., the U.S. Supreme Court held that traditional equitable factors apply to injunctions in patent and copyright cases, and therefore the mere fact that a defendant has infringed a patent or a copyright does not necessarily mean a final injunction must issue. In the three years since, lower courts have denied final injunctions more frequently than before and are now struggling with what relief, if any, to give prevailing plaintiffs in lieu of an injunction. Some courts permit plaintiffs to sue again later. But most award prospective relief to plaintiffs¾sometimes a lump-sum …
Blackberrys And The Fair Labor Standards Act: Does A Wireless Ball And Chain Entitle White-Collar Workers To Overtime Compensation?, Ashley M. Rothe
Blackberrys And The Fair Labor Standards Act: Does A Wireless Ball And Chain Entitle White-Collar Workers To Overtime Compensation?, Ashley M. Rothe
Saint Louis University Law Journal
No abstract provided.
Wasting The Corporate Waste Doctrine: How The Doctrine Can Provide A Viable Solution In Controlling Excessive Executive Compensation, Steven Clayton Caywood
Wasting The Corporate Waste Doctrine: How The Doctrine Can Provide A Viable Solution In Controlling Excessive Executive Compensation, Steven Clayton Caywood
Michigan Law Review
In the midst of the global recession of the late 2000s, there was an outcry against corporate executives and what the public deemed to be their excessive compensation. Although this anger is still featured in today's headlines, it is nothing new. In fact, excessive executive compensation complaints arose when the very concept of a corporation was still new. Most of the complaints that the public has leveled have had little effect on boards of directors' decisions. Occasionally, however the outcry is so great that the public compels a company's leadership to take action. This happened early in 2009 when American …
Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner
Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner
NYLS Law Review
No abstract provided.
A Critical Survey Of The Law, Ethics, And Economics Of Attorney Contingent Fee Arrangements, Adam Shajnfeld
A Critical Survey Of The Law, Ethics, And Economics Of Attorney Contingent Fee Arrangements, Adam Shajnfeld
NYLS Law Review
No abstract provided.